The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
Part IV of the Family Law Act 1996 (FLA 1996) contains important provisions for the safeguarding of a person from an associated person, by way of a non-molestation order, and for regulating the occupation of a property, by way of an occupation order. Such orders are frequently required upon the breakdown of a relationship or where there has been ongoing domestic violence. It will sometimes be the case that the whereabouts of the intended respondent are unknown and this will cause difficulties with the service of the application and any orders.
Applications under FLA 1996, Pt IV are governed procedurally by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 10 and FPR 2010, SI 2010/2955, 10.3 which provide that if an application is made on notice the applicant must arrange for the application and statement in support and notice of the hearing to be served personally on the respondent, though this must not be done by the applicant themselves (FPR 2010, SI 2010/2955, 10.3(1A)). If
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